Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012
1Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Working with
Vulnerable People Infringement Notices)
Regulation 2012
SL2012-3
made under the
Magistrates Court Act 1930
Republication No 4
Effective: 1 February 2021
Republication date: 1 February 2021
Last amendment made by A2020-29
(republication for amendments by A2019-13
and A2020-29)
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Magistrates Court (Working with Vulnerable People Infringement
Notices) Regulation 2012, made under the Magistrates Court Act 1930 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
1 February 2021. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 1 February 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
Section 1 - Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 - Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 | Zoe
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Working with
Vulnerable People Infringement Notices)
Regulation 2012
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Purpose of regulation 2
6 Administering authority 3
7 Infringement notice offences 3
8 Infringement notice penalties 3
9 Contents of infringement notices—identifying authorised person 3
10 Contents of infringement notices—other information 4
Contents
Page
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11 Contents of reminder notices—identifying authorised person 4
12 Authorised people for infringement notice offences 4
Schedule 1 Vulnerable People Act infringement notice
offences and penalties 5
Dictionary 6
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
3 Legislation history 8
4 Amendment history 10
5 Earlier republications 11
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Working with
Vulnerable People Infringement Notices)
Regulation 2012
made under the
Magistrates Court Act 1930
Section 1
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Magistrates Court (Working with Vulnerable
People Infringement Notices) Regulation 2012.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘investigator—see the Fair Trading
(Australian Consumer Law) Act 1992, dictionary.’ means that the term
‘investigator’ is defined in that dictionary and the definition applies to
this regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Purpose of regulation
The purpose of this regulation is to create a system of infringement
notices under the Magistrates Court Act 1930, part 3.8 for certain
offences against the Vulnerable People Act.
Note The Magistrates Court Act 1930, pt 3.8 provides a system of infringement
notices for offences against various Acts. The infringement notice system
is intended to provide an alternative to prosecution.
Section 6
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6 Administering authority
The administering authority for an infringement notice offence
against the Vulnerable People Act is the commissioner for fair
trading.
7 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against
a provision of the Vulnerable People Act mentioned in schedule 1,
column 2.
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Vulnerable People Act, under an infringement notice for the offence,
is the amount mentioned in schedule 1, column 4 for the offence.
(2) The penalty payable by a corporation for an offence against the
Vulnerable People Act, under an infringement notice for the offence,
is 5 times the amount mentioned in schedule 1, column 4 for the
offence.
(3) The cost of serving a reminder notice for an infringement offence
against the Vulnerable People Act is $34.
9 Contents of infringement notices—identifying authorised
person
An infringement notice served on a person by an authorised person
for an infringement notice offence against the Vulnerable People Act
must identify the authorised person by—
(a) the person’s full name, or surname and initials; or
(b) any unique number given, for this regulation, to the person by
the administering authority.
Section 10
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10 Contents of infringement notices—other information
(1) An infringement notice served on a company by an authorised person
for an infringement notice offence against the Vulnerable People Act
must include the company’s ACN.
Note The requirement under this section is additional to the requirement under
the Magistrates Court Act 1930, s 121 (1) (c).
(2) In this section:
company means a company registered under the Corporations Act.
11 Contents of reminder notices—identifying authorised
person
A reminder notice served on a person by an authorised person for an
infringement notice offence against the Vulnerable People Act must
identify the authorised person by—
(a) the person’s full name, or surname and initials; or
(b) any unique number given, for this regulation, to the person by
the administering authority.
12 Authorised people for infringement notice offences
An investigator may serve the following:
(a) an infringement notice for an infringement notice offence
against the Vulnerable People Act;
(b) a reminder notice for an infringement notice offence against the
Vulnerable People Act.
Vulnerable People Act infringement notice offences and penalties Schedule 1
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Schedule 1 Vulnerable People Act
infringement notice offences
and penalties
(see s 7 and s 8)
column 1
item
column 2
offence provision
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
1 13 (1) 50 500
2 14 (1) 50 500
3 21 (1) 50 500
4 21 (2) 50 500
5 33 (4) 50 500
6 48 (1) 50 500
7 53 (4) 50 500
8 55 (1) 50 500
9 55 (2) 50 500
10 55A (1) 50 500
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• commissioner for fair trading
• corporation
• Corporations Act
• individual.
Note 3 Terms used in this regulation have the same meaning that they have in
the Magistrates Court Act 1930 (see Legislation Act, s 148). For
example, the following terms are defined in the Magistrates Court
Act 1930, dict:
• administering authority
• authorised person
• infringement notice
• infringement notice offence
• reminder notice.
investigator—see the Fair Trading (Australian Consumer Law)
Act 1992, dictionary.
Vulnerable People Act means the Working with Vulnerable People
(Background Checking) Act 2011.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Magistrates Court (Working with Vulnerable People Infringement
Notices) Regulation 2012 SL2012-3
notified LR 2 February 2012
s 1, s 2 commenced 2 February 2012 (LA s 75 (1))
remainder commenced 8 November 2012 (s 2 and see Working with
Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))
as amended by
Justice and Community Safety Legislation Amendment Act 2013
(No 2) A2013-11 sch 1 pt 1.7
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))
sch 1 pt 1.7 commenced 4 April 2013 (s 2)
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.45
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.45 commenced 10 June 2015 (s 2)
Working with Vulnerable People (Background Checking) Amendment
Act 2019 A2019-13 sch 1 pt 1.1 (as am by A2020-14 amdt 1.142)
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 February 2021 (s 2 (1) (as am by A2020-14
amdt 1.142) and CN2021-1)
COVID-19 Emergency Response Legislation Amendment Act 2020
A2020-14 amdt 1.142
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
amdt 1.142 commenced 14 May 2020 (s 2 (1))
Note This Act only amends the Working with Vulnerable People
(Background Checking) Amendment Act 2020 A2020-29.
Endnotes
Legislation history 3
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Working with Vulnerable People (Background Checking) Amendment
Act 2020 A2020-29 sch 1 pt 1.3
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 February 2021 (s 2 (a) and see Working
with Vulnerable People (Background Checking) Amendment Act 2019
A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Contents of infringement notices—identifying authorised person
s 9 am A2013-11 amdt 1.16
Contents of reminder notices—identifying authorised person
s 11 am A2013-11 amdt 1.16
Authorised people for infringement notice offences
s 12 am A2015-15 amdt 3.147, amdt 3.148
Vulnerable People Act infringement notice offences and penalties
sch 1 am A2019-13 amdts 1.1-1.3; A2020-29 amdt 1.18